A/HRC/16/22
15.
OHCHR-Colombia appreciates the Protection Programme of the Ministry of Interior
and Justice. However, delays in assessing risks, slow implementation of measures, absence
of a differential approach, and transfer of protection schemes to private companies continue
to be of concern. Moreover, reforms introduced in May hindered the implementation of
protection measures. Overall, protection programmes must be reformed to allow greater
flexibility and effectiveness, and to include public officials, such as EWS staff, and persons
involved in land restitution processes.
16.
Implementation of agreements reached by the previous Government in the National
Round Table on Guarantees for human rights defenders remains insufficient. As part of an
effort to create an environment of respect for human rights, significant steps to implement
the National Plan for Education on Human Rights (PLANEDH) should be taken by the
Ministry of Education. The High Commissioner welcomes the inclusion of PLANEDH in
the new National Development Plan 2010-2014 and encourages all parties to agree on a
national action plan as soon as possible.
17.
Since August, OHCHR-Colombia has noted a positive change in attitude and
discourse by government authorities towards human rights organizations, which the
Government has called “the disarmament of words”. One visible expression of this new
atmosphere is the signing, under the leadership of the Vice-President, of the Joint
Declaration by the Government, Procurator General, National Ombudsperson, other State
Entities, Civil Society and the International Community: Towards a Comprehensive Human
Rights and International Humanitarian Law Policy.6
B.
Intelligence services
18.
In 2010, a former director of the Department of National Security (DAS) was
brought to trial on charges of, inter alia, homicide and threats. Investigations continued on
other former directors for illegal surveillance between 2005 and 2008. Statements by DAS
senior personnel implicated former senior officials of the President’s office as beneficiaries
of the illegally obtained information.
19.
The information received by OHCHR-Colombia confirms the existence of a pattern
of wiretapping, surveillance and systematic harassment by DAS officials, under orders from
their superiors, to whom they reported their findings. These investigations appear to suggest
that both the so-called G-3 group and the National and International Observation Group
(GONI), whose members allegedly committed these illegal acts, indeed constituted formal
structures within the institution. Furthermore, illegal activities were allegedly funded with
DAS resources, the use of which required approval by the directors of the institution.
20.
In October, the Procurator General sanctioned seven former DAS officials, an
official from the Information and Financial Analysis Unit and one from the President’s
office for serious breaches of discipline for wiretapping and illegal surveillance.
21.
In November, a former DAS director was granted political asylum in Panama, as she
invoked a lack of due judicial and security guarantees. The High Commissioner believes
that this should not hinder investigations or contribute to impunity of alleged crimes.
22.
The reforms of the intelligence services continued in 2010 with limited results. The
National Police took steps to implement a data protection system to prevent the collection
and storage of information that could violate human rights. The Armed Forces are in an
6
See www.vicepresidencia.gov.co/Noticias/2010/Documents/101122_DecConferenciaNalDDHH.pdf.
5
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